when does it all begin?

Ongoing saga of my problem employee. Employee went on a pre-arranged vacation from 7/1 through 7/11 (they have already been paid for this vacation time). When the employee left on 6/30 he was fine, showing no problems/symptoms of anything. On 7/12 when the employee was due back to work he called off--no power; 7/13 called off sick; 7/14 called off daughter sick; 7/15 just called off. His manager finally got in touch with this employee to find out that their "medical condition" flared up and they would not be back to work for 3 to 6 months. The disability form and the FMLA form the doctor completed stated the employee was disabled and could not work from 7/1 to "to be determined". I know how this employee is about trying to pull something over on the company with their vacation time but I don't want to turn this in to our insurance company as disability time while the employee was on their pre-arranged vacation. (Our STD is self-insured.) The employee stated that he took his daughter to the amusement park and zoo while he was on vacation. Would you certify the disability for this person back to 7/1? You would think a manager wouldn't play these games but sometimes they're the worst. Thank you.


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  • With our plan (we are also self-insured), the EE would not be eligible for any payment if he/she were getting paid by some other form. In this instance, the EE would not be eligible for STD payment for any time they were receiving vacation pay. They would begin receiving STD payments when either their vacation pay expired or when their waiting period was completed.

    Hope this helps.

    As far as making the FMLA designation, since the paperwork states 7/1 that is the date I would start counting. Make sure you get your paperwork out in time.
  • The paperwork was sent out the first day the employee called off sick which was 7/13. I had no idea prior to that day that there was any sort of problem. It's so hard for us HR people to administer FMLA when we don't know what an employee is doing. We almost have to be mind readers or have some type of ESP to properly administer FMLA.
  • Turn this into the insurance company and let them determine what is or is not disability time. Just make sure the ins. company knows that the ee was paid for a pre-approved vacation.

    As a general rule, I believe that all claims (even questionable ones) should be turned over to the insurance carrier. If needed, I follow up with a telephone call a day or two later to give the adjuster any additional information that may be helpful.

    As far as FMLA, treat it the same as you have the past when you weren't too sure of the validity of the claim.

  • I agree that the STD pay does not start until after the vacation pay, but the FMLA designation begins on 7/1.
  • I agree witht he honorable participant from New York.

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